Miami Criminal Defense Blog

Florida officer caught planting drugs on defendant

On behalf of Frank A. Rubino, Esq. posted in drug charges on Monday, July 8, 2019.

Right at this moment, there are defendants sitting in a Florida jail or sweating out the wait to their trial for a drug crime -- even though the prosecutor's office is aware that they're likely innocent.

An assistant state attorney noticed a number of disturbing things in the body cam videos she was reviewing from a particular arresting officer. Footage from the body cams didn't match up with the arresting officer's written affidavits. The reactions of the people being arrested seemed unusual. There were obvious irregularities in some of the searches that the officer conducted, making them illegal.

What are your odds of getting an acquittal in a federal case?

On behalf of Frank A. Rubino, Esq. posted in federal crimes on Thursday, July 4, 2019.

Every defendant in a federal criminal case would like to know what the odds are of an acquittal. Unfortunately, there are no sure bets when you're involved in a criminal case. However, there is information you can use to make decisions about your future.

Here are some of the facts:

Florida drug dealers now can face murder charges

On behalf of Frank A. Rubino, Esq. on Thursday, June 27, 2019.

With the opioid epidemic still raging in South Florida, now more and more drug dealers are facing tougher criminal charges, including murder charges. Eighteen months ago, Florida lawmakers passed legislation allowing fentanyl dealers to be charged with murder if the drugs they sold resulted in someone’s death.

What every Floridian should know about grand juries

On behalf of Frank A. Rubino, Esq. on Wednesday, June 26, 2019.

The media have recently spent a lot of time covering white collar crimes. We’ve seen Medicare fraud and college admission scandals running amok in the news. And since these crimes are federal offenses, we’ve heard a lot about grand juries and federal indictments.

So what are grand juries, and what role do they play in criminal justice? These are questions that date back to the earliest days of the United States. Anyone facing an investigation or asked to testify will want to know the answers.

Protect yourself from the overreach of conspiracy charges

On behalf of Frank A. Rubino, Esq. posted in federal crimes on Tuesday, June 25, 2019.

The odds are good that you can't imagine yourself as being part of any "criminal conspiracy," but that doesn't mean that a prosecutor can't charge you with one -- especially in situations where money crimes or drug crimes are involved.

Here's what you need to know about how criminal conspiracies work and what it means to be charged.

Finding a job with a criminal record

On behalf of Frank A. Rubino, Esq. on Monday, June 24, 2019.

You’ve served your time and now you’re out. It’s time to find a job, but how? Who is going to hire someone with a criminal record? Some states offer companies incentives for hiring ex-offenders of both white-collar (wage theft, bribery, mortgage fraud, etc.) and blue-collar crimes (drug-related, robbery, etc.).

You will need to be persistent and willing to explore all avenues when searching for a job as an ex-con. While the positions available may not be glamorous, they are out there if you’re willing to put in the effort.

Avoiding inadvertent mortgage fraud

On behalf of Frank A. Rubino, Esq. posted in white collar crimes on Friday, June 21, 2019.

Taking out a mortgage is probably the biggest financial transaction most people ever make in their lifetimes -- and it's a scary, confusing process. Unfortunately, unwary consumers can be led astray by unscrupulous mortgage brokers and lenders. Before you take out a mortgage, it's important to realize that you can get into serious trouble if you're involved in any kind of mortgage fraud -- even accidentally.

Genuine mistakes versus intentional ones

Trial delays and your right to a speedy trial

On behalf of Frank A. Rubino, Esq. posted in white collar crimes on Thursday, June 13, 2019.

The Sixth Amendment to the Constitution says that you have a guaranteed right to a speedy trial -- yet, it can take months or years before you actually get a case to court (especially if the case is complicated).

What's the deal? Why does it often take so long to actually go to trial? There are a number of factors involved, but it basically comes down to this: The clock isn't always ticking on your case.

Immigration marriage fraud: How investigations get started

On behalf of Frank A. Rubino, Esq. posted in federal crimes on Thursday, June 6, 2019.

It's tough to immigrate to the United States these days. Even if you're trying to legally obtain your green card or citizenship as the foreign-born spouse of an American, you may find yourself under investigation for marriage fraud.

What is marriage fraud?

Here's what you never learned about your Miranda rights on TV

On behalf of Frank A. Rubino, Esq. posted in white collar crimes on Friday, May 31, 2019.

You know the drill: The police detective corners the suspect, the cuffs come out and the detective starts to recite, "You have the right to remain silent..." while he or she is snapping those cuffs into place. You've probably seen it play out a hundred times or more on television police dramas.

The only problem? That isn't how it works. Whole generations of people have, unfortunately, grown up with most of their understanding of their Miranda rights coming from what they see on TV -- and that's setting them (and probably you) up for disaster.